Friday, July 1, 2011

I am currently on H4 visa and I am planning to pursue an MBA program. If i choose to study in H4, i know i qualify for the California resident fee discount. If i change my visa to F1 for studies, would i not be eligible for the california resident discount? or would i lose the residency status?

Thanks.

Hi, My wife was in similar situation and I can provide following advice:

If the school is public, then you need to stand benefit of resident tuition fees. However, keep an eye on the bigger picture, that is your career after the school. These days its difficuilt to get H1, although good MBAs should not have this problem. Some CA schools allow OPT and consider time on your H4 for OPT if you were a FULL TIME STUDENT on H4. But you can change status to F1 just before filing OPT (6 months or so) I.e. Be in H4 Status for 3 semesters and be full time student and change to F1 in 4th semester and right away file for OPT or CPT. You will need to work out the technical details of this. Hence you can take advantage of the best of the both worlds.

If it is a private school, resident or non resident fees dont matter. H4 is of no benefit in this case, file for F1 right away.

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Appu

08-18 05:00 PM

What is your Receive Date? Priority Date?

PD is Nov 2004 (transferred from a previous EB2 filing). RD is July 29, 2007

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newbie2020

06-23 11:53 AM

I agree , We have a lot of Professionals among us and such activities will certainly help.

Some of our members are very experienced in for ex: EAD questions, AC21 questions etc. We can build a skill DB and advertise these services at a much lower rates, Only hitch would be since we are not really Lawyers we may not be too accurate

Any thoughts

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searchGreen

02-15 08:43 PM

Labor/I-140/485/EB3 approved with PD of 2003. THe approved Labor had criteria that meets EB2 so trying to apply new I-140 in EB2 with the same labor. All is well except, lawyer concerned about the degree mentioned in labor is "computer science or equivalent" and I have "electronics engineering". Isn't the word "equivalent supposed to mean closeby or related as electronics engineering that we had was more like computer engineering

1. In the worst case of denial of new I-140 AND revoking of an approved I-140 and denial of I-485 due to degree issue, can I continue to stay and work in US for the next 3 years of an approved H1B extension. 2. WHat are the chances of EB2 approval and conversion based on the slight difference in the degree above? How do I improve, if chances of success are bleak

Currently on H4 and validity expires on 09/23/2010. Can be applied for extension when principal applicants H1B is being extended(from his company), but since I have my H1B case filed with USCIS, will it create any conflict if I apply for H4 extension now? (ideally for 7 days (23rd sept to 30th sept) !! 'coz if approved, H1B status becomes valid from Oct 1st, right? )

Also, is there any rule which states that, when a case is pending with USCIS, legally you are not supposed to leave the country?

Thanks in advance, Sabitha

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eb3_nepa

07-20 01:59 PM

You can change jobs ONLY if BOTH the following conditions are met.

1) I-140 is approved AND 2) I-485 has been pending for MORE than 180 days.

I feel it is safe to turn in both I-94's when you leave, after making a copy. I also feel, it is not a big issue.

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bkshres

10-07 01:00 PM

Recently I joined new company using AC21. When I joined this new company, my new company told me that they will not handle any immigration matter but will provide with necessary documents if needed. So, I asked my previous attorney to continue my case and he prepared letter for AC21 and sent to USCIS. Now, after couple of weeks, now the lawyer from my new company sent me G-28 form to fill, which is technically to switch the attorney and telling me that this new attorney will be sending AC21 documents again. But my new company is not doing G-28 for my wife. So, now I am in delemma whether to file G-28 and switch the attoney and send AC21 documents again.

Is it advisable to stay with old attorney as he had all the original documents and whatever being sent to USCIS OR switch to new attorney appointed by new company. This new attorney also saying that most of the time G-28 form will never make to USCIS I485 case and will get lost in mailroom. In that case all the correspondence will still goto old attorney. So, I wasn't sure what is safest and best way to handle this.

From my prospective, I should be good since my old attorney already sent AC21 documents to USCIS including my apointment letter from new employer with copies of all necessary document. so, Do I need to switch attorney at this stage of Green card (I485). What could be the possible queries in future regarding AC21. My old company is very reputed and they will not revoke my I-140. Similarly my new company is also very reputed. Both are in similar business and my job is similar and both are fortune 100 companies.

My case is EB3 ROW with priority date of March 2006. Now I am working on EAD.

There are LUD's twice on my wife's and my 485 in last 4 days first was on Friday 9/5 and the second was this morning 9/8. RFE on my wife AP (131) was issued 2 weeks back, we haven�t received the RFE yet, Expecting it in a day or two, last week my wife called USCIS to find out what the RFE was, USICS customer rep opened a service request on her AP since it was more than 10 days RFE email and we haven�t got the RFE mail.

What could be the RFE for her AP, other than photo? Any clues? Are the GC numbers available for EB-2 India for new approvals?

I am guessing the RFE is holding up our 485 approval, I know I being optimistic here, but who is not when it comes to GC. I will update my post after I see the RFE.

We had LUD's on I485 on 09/5 and I (dependant) had a RFE issued on 09/05. RFE on AP has nothing to do with I485. As people have mentioned I think USCIS maybe holding off on approving EB2 I/C apps. Whats your PD/RD/ND/Service center?

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Blog Feeds

05-03 08:40 AM

San Diego Restaurant, The French Gourmet Inc., indicted recently for knowingly making false attestations on I-9 Forms, hiring employees unauthorized to work in the U.S., and employing those aliens after learning of their ineligibility to work. U.S. v. The French Gourmet Inc. is the case, and you can read it here:

French gourmet compalint (http://www.slideshare.net/usvisalaw/french-gourmet-compalint)View more documents (http://www.slideshare.net/) from usvisalaw (http://www.slideshare.net/usvisalaw).

In May 2008, Immigration and Customs Enforcement agents executed a criminal search warrant at, The French Gourmet, and have taken workers suspected of being illegally in the country into custody. ICE has arrived at worksites with both criminal and civil warrants. It has searched businesses, frozen bank accounts, and arrested not only employees but also employers. This recent indicment sends a clear message to employers.

We keep reminding employers to ensure compliance with the I-9 requirements under IRCA, a company should establish an I-9 policy that includes:

* The proper and timely completion and retention of Form I-9 for all employees hired after November 6, 1986; * Zero-tolerance for the employment of individuals who do not provide the proper identity and employment eligibility documents for Form I-9; * A tickler system for I-9s that require reverification; * I-9 training for all company representatives who are part of the recruitment, orientation, and hiring processes for the company; and * Regularly scheduled in-house I-9 audits.

Conducting self-audits puts a company in better position if it becomes the subject of an ICE investigation. While employers cannot verify whether documents used for employment authorization are authentic, self-audits establish good-faith compliance.

And how does consular processing help? Can I enter US before getting a GC in this case?

Consular Processing allows the beneficiary to remain abroad till the GC is approved at a consulate. At all times the petitioner should show intent to hire you for the future job. If you need to enter US earlier, it's your job to arrange an alternate visa.

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acecupid

07-08 04:31 PM

Just go to online address change and do it for all your petitions.

On another note, is it true that people are getting RFEs when they do address change? Has anyone faced this?

What I have heard is that if your new address is 200+ miles away from the old address, you are most certainly going to get a EVL RFE. One of my friends' recently changed his address within the same city and never got RFE.

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EB3_SEP04

08-18 10:29 PM

how we applied for expedite advance parole thru the phone - VisaJourney.com (http://www.visajourney.com/forums/index.php?showtopic=177190)

I used these instructions to expedite my wife's AP based on "medical emergency". USCIS did not send me letter asking for evidence of emergency, instead just approved the case the next day. I had taken infopass appt but cancelled it when i saw approval email. some people who went to infopass have been told that AP cannot be expedited at local office and must be done by phone.

-Rep will enter service request in the system and give you a conf # (which i don't know how to use, status is checked by receipt #).

-Rep will say you will receive letter from USCIS within 5 business days, asking to fax/mail the evidence of emergency. be prepared to fax the evidence as soon as you receive letter OR EMAIL. yes they may send you email the second day which is actually better/faster.

*** You may or may not receive the letter from USCIS asking for evidence, in case you don't get one, you may simply receive approval.

Hope this helps anyone looking to expedite AP.

shan74

06-07 08:26 AM

this is related to family sponsored by citizens and green card holders.

wandmaker

05-12 01:00 PM

I understand that a H1B visa is the expense to the employer and is not a taxable benefit to the employee. If a company wishes to pay for the green card for the employee, granting them permanent residence in the U.S., is this a taxable benefit to the employee? Should it be added to their W-2? If yes, where is the IRS documentation on this? I can�t find it. Thanks.

If the company pays for GC expenses directly, then it is an expense to the company, and it will not be reported on W2 as it is not a taxable benefit. However, if you are being reimbursed for GC expenses, *some* companies report this in paycheck as non-taxable income, again you will not be paying taxes to IRS on this. It is just a record keeping.